ISLAMABAD: Outsiders are set to represent the federal capital in the Senate following a controversial decision by the Election Commission of Pakistan (ECP) to allow the transfer of two candidates’ votes after the announcement of the election schedule.

Though section 20 of the Electoral Rolls Act 1974 bars the transfer of vote from one constituency to another after the announcement of the election schedule, two candidates of the ruling PML-N got this done to contest the Senate polls from Islamabad.

Also read: 87 aspiring Senate candidates appear before PML-N board

Iqbal Zafar Jhagra from Khyber Pakhtunkhwa and Raheela Magsi from Sindh are now poised to win the general and the reserved seat for women from the federal capital.

Under Section 19 of the Act, the chief election commissioner, on account of any gross error or an irregularity in the preparation of the electoral roll for any electoral area, can order the cancellation of the same and preparation of the fresh electoral rolls. Section 20 of the Act reads, “No revision or correction of any electoral roll for an electoral area shall be made nor shall any order under section 19 be made in respect of any electoral roll at any time after the constituency of which such electoral area forms part has been called upon to elect its representative and before such representative has been elected.”

During the last day of the scrutiny process, it was disclosed by the returning officer for Islamabad, Syed Sher Afgan, who is also the acting secretary of the ECP, that under a decision already taken by the ECP section 20 of the Electoral Rolls Act 1974 will not be applicable for the Senate elections.

The revelation was made when the eligibility of the PML-N candidate for a reserved seat for women was challenged by her opponent, Nargis Faiz Malik, of the PPP. In her application, the PPP candidate said Ms Magsi had a domicile of Sindh and also remained a tehsil nazim in the province.

ECP allows transfer of two PML-N candidates’ votes from KP and Sindh to capital

She said her vote had illegally been transferred from Tando Allah Yar to Islamabad after the announcement of the schedule for the Senate elections. She also referred to the transfer of another PML-N candidate, Iqbal Zafar Jhagra, from KP to Islamabad.

She alleged that Ms Magsi had obtained a loan of Rs10 million from Habib Bank London and not stated in her nomination papers if the same had been paid or got written off. She also accused Ms Magsi of defaulting on utility bills, concealing her association with the PML-Q in the past and unnecessarily attaching academic certificates of her husband, Abdul Fayyaz, with her nomination papers.

Defending the allegations, Ms Magsi said she had obtained a loan but was regularly paying it back. She showed to the returning officers her paid bills to prove that she was not a defaulter of utility bills. She said she had mistakenly attached the documents of her husband with the nomination papers.

She said she had transferred her vote from Tando Allah Yar Khan to Islamabad as she owned a property at Shahzad Town of the capital.

The returning officer ruled that the disclosure of the association with any political party in the past was not a requirement under the law. He said the ECP had allowed the transfer of vote of the candidates after the announcement of the schedule for the Senate elections.

Published in Dawn February 21th , 2015

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